Fence height rules in Tiburon, California
Fences may go in any setback, but any fence or wall over 3.5 feet tall needs site plan and architectural review, and no fence may exceed 6 feet in a setback (up to 9 feet on the low side of a sloped shared property line, with review). Near street corners, fences and hedges are limited to 30 inches inside a 35-foot sight triangle.
| Height that triggers design review | Over 3.5 feet (42 inches) [1] |
| Max height in any setback | 6 feet [2] |
| Max on low side of a sloped shared residential line | 6 ft plus grade difference, never over 9 feet (with review findings) [3] |
| Corner sight triangle | 30 inches max within 35 feet of the intersection [4] |
Height limits
Tiburon lets fences and walls sit in any required setback, front, side or rear, as long as they meet the height rules. Any fence, wall or retaining wall taller than three and one-half feet needs site plan and architectural review approval first [1]. No fence or wall may exceed six feet in any setback [2]. Fences and walls of 3.5 feet or less aren't even counted as "structures" for design review.
Taller fences on sloped property lines
Along a property line shared with another home where the two lots sit at different grades, a fence can be six feet on the upper side and six feet plus the grade difference on the lower side, but never more than nine feet [3]. The review authority must also find that a six-foot fence wouldn't give effective privacy and that the taller fence won't cause significant view obstruction.
Corners and sight lines
Fences can't be placed or designed to impair safe vision from vehicles or of pedestrians. At street intersections, no fence, hedge or other obstruction may extend more than 30 inches above street level inside the triangle formed by points 35 feet along each property line from the corner [4]. The same rule can apply on sharp curves.
Stacked fences and retaining walls
Two fences or walls within three feet of each other are measured as one combined height [5]. A required safety railing on a retaining wall doesn't count toward its height but still needs review.
Who reviews it and permits
Fence, wall and retaining wall applications are "minor alterations" the Community Development Director can decide instead of the Design Review Board. In its section on sports courts and play structures, the code lists fences or walls of 42 inches or less as not needing design review but needing building permits [6]. It's not clear that this applies to an ordinary yard fence, and Tiburon's Residential Code amendments delete several of the standard building-permit exemptions in CRC Section 105.2, so ask the Building Division whether your fence needs a building permit.
The objective design standards for the R-3, R-3-10 and R-4 multifamily zones have separate fence rules (42 inches in front and street-side setbacks, 72 inches elsewhere, and no chain link or barbed wire).
See how Tiburon compares with 8+ other California towns on fences →
Next steps
- Measure the planned height from the lower of natural or finished grade; stay at 42 inches or less to avoid design review.
- For a fence over 3.5 feet, apply for site plan and architectural review (minor alteration, decided by the Director) with the Planning Division, 1505 Tiburon Boulevard, 415-435-7390.
- On a corner lot, keep everything in the 35-foot sight triangle under 30 inches.
- Ask the Building Division (415-435-7380) whether a building permit is needed before you build.
Common questions
- How tall can a fence be in Tiburon, California?
- No fence may exceed 6 feet in a setback, and up to 9 feet on the low side of a sloped shared property line, with review.
- Do I need a permit for a fence in Tiburon, California?
- Any fence or wall over 3.5 feet tall needs site plan and architectural review. Fences may go in any setback.
- What is the fence height limit near a street corner in Tiburon, California?
- Fences and hedges are limited to 30 inches inside a 35-foot sight triangle near street corners.
California state rules on fences
Fence height, location and design are mostly set by your city or county zoning code. A few state rules apply everywhere:
- Building permit: the California Residential Code (R105.2) exempts fences up to 7 feet high from a building permit. Pool barriers are not exempt. Zoning height limits still apply, and many cities cap front-yard fences well below 7 feet. Some cities have amended the exemption.
- Spite fences: under Civil Code §841.4, a fence or fence-like structure that unnecessarily exceeds 10 feet and is maliciously put up or kept to annoy a neighbor is a private nuisance. The neighbor can sue to have it removed.
- Good Neighbor Fence Act (Civil Code §841): since January 1, 2014, neighbors are presumed to share equally the reasonable cost of building, maintaining or replacing a fence between their properties, unless they agree otherwise in writing.
- Before spending money on a shared fence, you must give each neighbor 30 days' written notice. The notice must describe the problem, the proposed fix, the estimated cost, how costs would be shared, and the timeline.
- A neighbor can overcome the presumption in court by showing equal sharing would be unjust, for example because of financial hardship or costs driven by the other owner's aesthetic preferences.
- Pool fences must meet the Swimming Pool Safety Act's barrier standards when used as the pool enclosure (see Pools).
- Coastal zone: a new fence may need a coastal development permit, depending on the local coastal program.
What the ordinance says
- Sec. 16-30.040(B)(1), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
A fence, wall, or retaining wall greater than three and one-half feet in height shall not be erected without site plan and architectural review approval as provided in section 16-52.020 (site plan and architectural review).
- Sec. 16-30.040(B)(2), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
A fence, wall, or retaining wall shall not exceed six feet in height in any setback, with the following exceptions:
- Sec. 16-30.040(B)(2)(a)(iii), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
The fence and/or wall would have a maximum height of six feet on the upper side of the structure; and a maximum height on the lower side of the structure of six feet plus the difference in surface elevation between the adjoining property at the property line, but in no instance more than nine feet;
- Sec. 16-30.050(E), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
For visual safety reasons at all street intersections, it is unlawful to install or maintain any sign, fence, hedge, vegetation, or any other view obstructions that extend more than thirty inches above the street level of any adjacent intersection, within that area between the property line and a diagonal line joining points on the property lines that are thirty-five feet from their intersection, as extended.
- Sec. 16-30.040(B)(4), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
If two or more fences and/or walls are constructed on the same property with a separation of three feet or less between the faces of the structures, the height of the respective structures shall be combined to determine the total wall or fence height.
- Sec. 16-30.060(E), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
The following items do not require site plan and architectural review but do require building permits: